CC&Rs
ARTICLE VI
Use of Properties and Restrictions
In addition to the restrictions established by law or Association Rules promulgated by the Board of Directors (consistent with this Declaration), the following restrictions are hereby imposed upon the use of Lots, Townhouses, Common Areas and other parcels within the Properties. All Common Areas, imposed with the restriction set forth in this Article VI shall be transferred to the Homeowners Association prior to or coincident with the first transfer of a Lot by the Declarant.
[6.1] Section 1. Single Family Residential Use. The use of the Townhouses within the Properties is hereby restricted to Single Family Residential Use, as defined in article I, section 28 hereof. In no event shall a Residence be occupied by more individuals than permitted by applicable zoning laws or governmental regulations. An Owner is permitted to lease or rent his or her Townhouse, subject to the provisions of article II, (“Delegation or Use”) of this Declaration.
[6.2] Section 2. Conveyance of Lots or Lots. Each Lot shall be conveyed as a separately designated and legally described fee simple estate subject to this Declaration.
[6.3] Section 3. Interior Improvements. Any interior Improvement to a Townhouse involving structural components of the building structure, other than non-load-bearing interior walls, shall require prior architectural approval in accordance with article V, above which will adversely affect any other Townhouses or their occupants.
[6.4] Section 4. Common Areas. The Common Areas other than Exclusive Use Common Areas shall be preserved as open space and used for recreational purposes and other purposes incidental and ancillary to the use of units. Such use shall be limited to the private use for aesthetic and recreational purposes by the Association’s Members, their tenants, families and guests, subject to the provisions of the Governing Documents. No Improvement, excavation or work which in any way alters any Common Area or Common Facility from its natural or existing state on the date such Common Area or Common Facility shall be made or done except by the Association and then only in strict compliance with the provisions of this Declaration. Each Owner shall be liable to the remaining Owners for any damage to the Common Area and Common Facilities that may be sustained by reason of the negligence of that Owner, that Owner’s family members, contract purchasers, tenants, guests, or invitees, but only to the extent that any such damage is not covered by casualty insurance in favor of the Association. Each Owner, by acceptance of his or her deed, agrees personally and for family members, contract purchasers, tenants, guests, and invitees, to indemnify each and every other Owner, and to hold such Owner(s) harmless from, and to defend him against, any claim of any person for personal injury or property damage occurring within the Townhouse of that particular Owner, including Exclusive Use Common Area, if any, except to the extent (i) that such injury or damage is covered by liability insurance in favor of the Association or other Owner or (ii) the injury or damage occurred by reason of the willful or
negligent act or omission of the Association or other Owner or other person temporarily visiting his or her Townhouse.
[6.5] Section 5. Prohibition of Noxious Activities. No illegal, noxious or offensive activities shall be carried out or conducted upon any Lot or Common Area nor shall anything be done within the Properties which is or could become an unreasonable annoyance or nuisance to neighboring property Owners. Without limiting the foregoing, no Owner shall permit noise, including but not limited to barking dogs, the operation of excessively noisy air conditioners, stereo amplifier systems, television systems, motor vehicles or power tools, to emanate from an Owner’s Townhouse or from activities within the Common Area, which would unreasonably disturb any other Owner’s or tenant’s enjoyment of his or her Townhouse or the Common Area.
[6.6] Section 6. Household Pets. The following restrictions regarding the care and maintenance of pets within the Properties shall be observed by each Owner and resident:
(a) No more than two common household pets may be kept within an Owner’s
Townhouse so long as the same are not kept, bred or maintained for commercial purposes.
No other animals, livestock, or poultry of any kind shall be kept, bred or raised within any
Townhouse.
(b) Dogs shall be allowed on the Common Area only when they are leashed and are otherwise under the supervision and restraint of their Owners.
(c) No household pet shall be left chained or otherwise tethered in front of a Townhouse or in the Common Area. Pet owners shall be responsible for the prompt disposal of pet wastes deposited by their pets in the Common Area or on backyard patios.
(d) Each person bringing or keeping a pet on the Properties shall be solely responsible for the conduct of the Owner’s pets. The Association, its Board, officers, employees and agents shall have no liability (whether by virtue of this Declaration or otherwise) to any Owners, their family members, guests, invitees, tenants and contract purchasers for any damage or injury to persons or property caused by any pet.
(e) The Board of Directors shall have the right to establish and enforce additional rules and regulations defining in a uniform and nondiscriminatory manner, what constitutes a “reasonable number” of pets depending on their size, disposition and/or maintenance requirements and imposing standards for the reasonable control and keeping of household pets in, upon and around the Properties to ensure that the same do not interfere with the quiet and peaceful enjoyment of the Properties by the other Owners and residents.
[6.7] Section 7. Signs. No advertising signs or billboards shall be displayed on any building containing Townhouses or posted within or upon any portion of the Common Area except that Owners may post in the windows of their Townhouses any signs required by legal proceedings and a single “For Rent,” “For Lease” or “For Sale” sign of reasonable
dimensions. Signs permitted hereunder shall not be nailed to the exterior of any Townhouse or building containing Townhouses or staked in any lawn or green area in front of any Townhouse or building containing Townhouses. A-frame or other directional signs of real estate brokers advertising Townhouses for sale or lease shall only be allowed within the Common Area or roadways within the Properties in strict compliance with applicable Association Rules. The Architectural Committee, in its discretion, shall be entitled to regulate or prevent altogether the erection and maintenance of Owner’s, agent’s or broker’s directional signs along roadways or on any Common Areas within the Properties.
[6.8] Section 8. Business Activities. No business or commercial activities of any kind whatsoever shall be conducted in any Townhouse, carport area or out building without the prior written approval of the Board, provided that the foregoing restriction shall not apply to the activities, signs or activities of the Association in the discharge of its responsibilities under the Governing Documents. Furthermore, no restrictions contained in this section 6.9 shall be construed in such a manner so as to prohibit any Owner from (a) maintaining his or her personal library in his or her Townhouse, (b) keeping his or her personal business records or accounts therein, (c) handling his or her personal or professional telephone calls or correspondence there from, (d) leasing or renting his or her Townhouse in accordance with article II, section 31 hereof, or (e) conducting any other activities within the Owner’s Townhouse otherwise compatible with residential use and the provisions of this Declaration which are permitted under applicable zoning laws or regulations without the necessity of first obtaining a special use permit or specific governmental authorization. The uses described in (a) through (e), above, are expressly declared to be customarily incidental to the principal residential use of the Townhouse and not in violation of this section 6.9.
[6.9] Section 9. Garbage. No rubbish, trash, or garbage shall be allowed to accumulate outside of any Townhouse. Any trash that is accumulated by an Owner outside the interior walls of a Townhouse shall be stored entirely within appropriate covered disposal containers and facilities located within designated garbage areas within the Common Areas. Any extraordinary accumulation of rubbish, trash, garbage or debris (such as debris generated upon vacating of premises or during the construction of modifications and Improvements) shall be removed from the Properties to a public dump or trash collection area by the Owner or tenant at his or her expense. The Association shall be entitled to impose reasonable fines and penalties for the collection of garbage and refuse disposed in a manner inconsistent with this section.
[6.10] Section 10. Storage. Storage of personal property within any Townhouse shall be entirely within enclosed storage areas. There shall be no woodpiles nor storage piles accumulated on top, or outside, of any enclosed storage area. The Association shall have the right to establish and maintain on the premises appropriate storage yards and storage buildings for the maintenance of materials and equipment used by the Association in connection with its planting, building, repair, maintenance and preservation of the structures, gardens and other Improvements within the Common Areas which the Association is obligated to repair and maintain.
[6.11] Section 11. Clotheslines. No exterior clothesline shall be erected or maintained and there shall be no drying or laundering of clothes on the balcony or enclosed patio area of any Townhouse in a manner which is visible from any neighboring Lot or the Common Area.
[6. 12] Section 12. Antennas and Similar Devices. In order to ensure adequate aesthetic controls and to maintain the general attractive appearance of the Properties, no Owner, resident or lessee shall, at his or her expense or otherwise, place or maintain any objects, such as masts, towers, poles, television and radio antennas, or television satellite reception dishes on or about the exterior of any building within the Properties unless architectural approval is first obtained in accordance with article V, hereof. Furthermore, no activity shall be conducted within any Townhouse which causes an unreasonable broadcast interference with television or radio reception on any neighboring Townhouse.
[6. 13] Section 13. Burning. There shall be no exterior fires whatsoever except barbecue fires located only on the balcony or enclosed patio area of the Owner’s Townhouse or the terrace area of the Clubhouse and contained within receptacles designed for such purpose.
[6.14] Section 14. Basketball Standards/Sports Apparatus. No basketball standards, volleyball poles, or fixed sports apparatus shall be permitted within the Properties except as may be constructed about the Clubhouse area by the Association.
[6.15) Section 15. Machinery and Equipment. No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any Lot except such machinery or equipment as is usual or customary in connection with the use, maintenance or repair of a private Townhouse or appurtenant structures within the Properties.
[6.16] Section 16. Diseases and Pests. No Owner shall permit any thing or condition to exist in his or her Townhouse, which shall induce, breed, or harbor infectious plant diseases, rodents or noxious insects.
[6.17] Section 17. Parking and Vehicle Restrictions. The following parking and vehicle restrictions shall apply within the Properties:
(a) Unless otherwise permitted by the Association, no vehicle or trailer shall be parked or left within the Properties other than within an assigned or appurtenant parking stall or space or in designated guest parking areas. Any and all vehicle used for purposes of moving to and from the Properties may be parked in the parking areas allocated for guest parking during the day of the move and overnight for one (1) night.
(b) Except as otherwise provided in subparagraph (D~ below, only the following vehicles (“authorized vehicles”) shall be permitted to be parked by any Owner or resident within the Properties: standard passenger vehicles, including Bronco or Blazer type trucks, sports utility vehicles, minivans, jet skis and carriers, and trucks which do not exceed three-quarter tons in gross weight, recreational vehicles, motorcycles, and campers. Authorized vehicles are permitted within the Properties as provided in subparagraph (d)
below. Commercial vehicles and trucks in excess of three-quarter tons in gross weight are not “authorized vehicles” and shall only be permitted within the Properties as provided in subparagraph (ft below.
(c) All driveways shall be maintained in a neat and orderly condition. All garage doors shall be closed at all times when there is no activity occurring in or about the garage.
(d) Designated guest parking areas within the Common Areas are to remain open for use by guests only and are not to be used by Owners or other residents, either permanently or temporarily, for the parking of their authorized vehicles or the storage of boats, trailers or similar items of personal property. All Owners’ or residents’ authorized vehicles must be parked in the garage when not in use. Owners or residents may not use the parking areas designated for guest parking for personal use as overflow Owner or resident parking.
(e) No motor vehicle shall be constructed, reconstructed or repaired within the Properties and no dilapidated or inoperable vehicle, including vehicles without wheel(s) or an engine, shall be stored on the Properties; provided, however that the provisions of this section shall not apply to emergency vehicle repairs.
(f) Commercial vehicles and trucks in excess of three-quarter tons are not to be parked within the Properties, except for periods not to exceed three (3) hours for the purpose of loading and unloading. Parking by commercial vehicles for the purpose of making deliveries or service calls shall be permitted in accordance with the Association Rules.
(g) The Board shall have the authority to tow at the Owner’s expense, any vehicle parked or stored in violation of this section. The Board shall post such notices or signs within the Common Area as may be required by law to effectuate this towing provision.
(h) The Board shall have the authority to promulgate further reasonable rules and restrictions of uniform application regarding parking and vehicles within the properties as may be deemed prudent and appropriate.
(i) Parking shall not be permitted on any street within the Properties except within carports or designated parking areas.
[6.18] Section 18. Children. Each Owner and resident shall be accountable to the remaining Owners and residents, their families, visitors, guests and invitees, for the conduct and behavior of their children and any children temporarily residing in or visiting the Owner and for any property damage caused by such children.
[6.19] Section 19. Activities Affecting Insurance. Nothing shall be done or kept within any
Townhouse or within the Common Area which will increase the rate of insurance relating
thereto on any policy maintained by the Association without the prior written consent of the
Association and no Owner shall permit anything to be done or kept within his or her
Townhouse or within the Common Area which would cause any Improvements to be
uninsurable against loss by fire or casualty or result in the cancellation of insurance on any Townhouse or any part of the Common Area.
[6.20] Section 20. Variances. Upon application by any Owner, the Architectural Committee shall be authorized and empowered to grant reasonable variances from the property use restrictions set forth in this article VI, if specific application of the restriction will, in the sole discretion of the Board, either cause an undue hardship to the affected Owner or fail to further or preserve the common plan and scheme of development contemplated by this Declaration. In considering and acting upon any request for a variance, the Committee shall follow the procedures set forth in article V, for the granting of architectural variances.
[6.21] Section 21. Enforcement of Property Use Restrictions. The objective of this Declaration shall be to promote and seek voluntary compliance by Owners and tenants with the environmental standards and property use restrictions contained herein. Accordingly, in the event that the Association becomes aware of an architectural or property use infraction that does not necessitate immediate corrective action under article XIV, section 6 hereof, the Owner or Tenant responsible for the violation shall receive written notice thereof and shall be given a reasonable opportunity to comply voluntarily with the pertinent Governing Document provision(s). Such notice shall describe the noncomplying condition, request that the Owner or tenant correct the condition within a reasonable time specified in the notice, and advise the Owner or tenant of his or her appeal rights.
[6.22] Section 22. Patios and Balconies. Decks and balconies may not be used for purposes of storage. Bicycles may not be stored on decks or balconies or any other location outside the Townhouse. Lawn and patio type furniture may be placed upon balconies and patios for use by the Owner and guests.